Mahathma v. Chockalingam
Case brief
What is this about?
Appellant filed second appeal challenging dismissal of suit for declaration and injunction over a Tamarind tree. Second Appeal dismissed as no substantial question of law arose; appellant failed to prove title or possession.
What did the court decide?
The second appeal fails and is dismissed. Connected miscellaneous petition closed.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON : 26.06.2019
PRONOUNCED ON : 01.07.2019
CORAM
THE HONOURABLE MR.JUSTICE T.RAVINDRAN
S.A.No.695 of 2019
Mahathma .. Appellant
Vs.
Chockalingam .. Respondent
Prayer :- Second Appeal has been filed under Section 100 of CPC against the Judgement and Decree dated 25.02.2019 passed in A.S.No.12 of 2017 on the file of the Subordinate Court, Uthangarai, reversing the Judgment and Decree dated 22.09.2017 passed in O.S.No.10 of 2017 on the file of the District Munsif – Cum- Judicial Magistrate, Uthangarai.
For Appellant : Mr.N.Jayachander
JUDGMENT
Issues for consideration
2 issues framed by the court
Whether the First Appellate Court correctly held that the appellant failed to establish title and possession over the Tamarind tree in survey No.75/3B.
Whether substantial question of law arises in the second appeal regarding the derivation of title to the suit property.
Parties & counsel
- appellant
Mahathma
- respondent
Chockalingam
Coram
T. Ravindran
Case details
As recorded by the court registry
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